Civil Law versus Common Law
Groundhog Day as an Analogy This week, I taught my Qatari students the difference between Common Law and Civil Law systems. As I heard myself explain the major differences, I found myself wondering which system might be "better." In doing the research for the class, I learned that the civil law system has the widest application worldwide. About 150 countries have adopted it. Born in Europe and derived from Roman law, it found its most famous expression in the Napoleonic Code of France. The idea behind it is simple. The code organizes the law in a small book, easily accessible by the common man, who then knows with much greater clarity his or her legal rights and the procedures required to enforce those rights. That citizen does not need to review -- at least in theory -- any case that has applied a particular section of the code. Instead, the code serves as the primary authority and judges applying it are not bound by legal precedent created in earlier